Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 11921 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
NAGARAJ N S/O R NAGESH, AGED ABOUT 35 YEARS,
2. PADMA W/O R NAGESH, AGED ABOUT 58 YEARS,
3.
NAGESH R S/O LATE M. RAMAIAH AGED ABOUT 65 YEARS, PETITIONER NO.1 TO 3 BOTH ARE R/AT NO. 158/17, 5th CROSS, 3rd MAIN, WILSON GARDEN, BANGALORE 560 027.
4.
VEDAVATHI N.
W/O ASHISH , D/O R. NAGESH, AGED ABOUT 38 YEARS, NOW R/AT NO. 36, 2nd G MAIN, KORAMANGALA, BENGALURU 560 030.
OLD R/AT NO.158/17, 5TH CROSS, 3RD MAIN, NEAR HOPCOMS, Digitally signed by KAVYA R Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023 BENGALURU SOUTH, WILSON GARDEN, BENGALURU - 560 027. …PETITIONERS (BY SRI. PRASANNA D P., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY BASAVANAGUDI WOMEN P.S REPRESENTED BY SPP, HIGH COURT COMPLEX, BENGALURU 560 001.
2.
SMT. ASHWINI W/O NAGARAJ N D/O KRISHNA, AGED ABOUT 32 YEARS, R/AT NO. 809, 35th CROSS, JAYANAGAR, 4th BLOCK, BANGALORE 560 011.
R/AT NO. 48, 25th CROSS, 5th MAIN, BANASHANKARI, 2nd STAGE, BENGALURU 560 048. …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1, SRI. A.RAJESH, ADV. FOR R2.)
THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.264/2023 FOR THE ALLEGED OFFENCE P/U/S 498A, 323, 504 R/W 34 OF IPC AND SECTION 4 OF D.P.
ACT OF THE 1ST RESPONDENT BASAVANAGUDI WOMEN
- 3 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023 POLICE STATION, NOW PENDING ON THE FILE OF XXXVII ADDL.C.M.M., BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioners/Accused Nos.1 to 2 and respondent No.2/complainant are present. Both
learned counsel for the petitioners and respondent No.2 as well as learned High Court Government Pleader for respondent No.1/State are present. 2. This petition is filed by accused Nos.1 to 4 under Section 482 of Cr.P.C, to quash the FIR in Crime No.264/2023, for the offences punishable under Sections 498A, 323, 504 r/w Section 34 of I.P.C and Section 4 of Dowry Prohibition Act. - 4 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023
3. A memorandum of settlement is filed in M.C No.6113/2021 before the Family Court under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 by petitioner No.1/accused No.1 and respondent No.2/complainant. It is submitted that matter is settled for a sum of Rs.27,00,000/-, out of it already Rs.17,00,000/- has paid by way of demand draft bearing No.243291 dated
09.09.2024. Today before this Court respondent No.2/complainant report the receipt of Rs.10,00,000/- by way of demand draft bearing No.667514. 4. The terms and conditions of settlement arrived at between the parties reads as under:
"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES,
2005. I. The Petitioner has filed this petition against the Respondent under Section-13 (1) (i-a) of the Hindu
- 5 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023 Marriage Act 1955 for dissolution of his marriage with the respondent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the parties have resolved their dispute and have agreed to the following terms and conditions:
1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 15.11.2019 at Mounaswamy Mutt, Sri Siddheshwari Peetam Tirumala, Papanashanam Road, Andhra Pradesh as per Hindu rites and customs. Subsequently their marriage was registered before the Registrar of Marriage for the Sub District Jayanagar, Bengaluru City Under Act XXV of 1955, Jayanagar, Bengaluru vide marriage number JAY-HM34-2020-21 dated 04.06.2020 stored in C.D.No. JAYM61. 2. The parties-state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from
16.02.2021. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them.
The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of
- 6 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023 reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce. 3. Both the parties state that there is no children born from this marriage. 4. The petitioner has agreed to pay a sum of Rs.27,00,000/-(Rupees Twenty Seven Lakhs Only) to the respondent towards maintenance/permanent alimony as full and final settlement for all her claims. Out of Rs.27,00,000/-(Rupees Twenty Seven Lakhs Only) Rs.17,00,000/-(Rupees Seventeen Lakhs Only) paid by way of demand draft bearing No. 243291 dated 09.09.2024 drawn on Punjab National Bank, Richmond Town Branch, Bengaluru-27 and the same shall be handed over to the respondent at the time of reporting settlement before this Hon'ble Court. 5. Balance amount of Rs. 10,00,000/- (Rupees Ten Lakhs Only) paid by way of demand draft bearing No. 243290 dated 09.09.2024 drawn on Punjab National Bank, Richmond Town Branch, Bengaluru-27 and the same shall be handed over to the respondent at the time of disposal in Crl.P. No.11921/2023 before the Hon'ble High Court of Karnataka, Bengaluru. The respondent has agreed for the same. - 7 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023
6. The respondent will withdraw M.C.No.1115/2022 pending on the file of IV Addl. Prl.Family Court, Bengaluru. The respondent shall also co-operate with the petitioner in quashing the proceedings/complaint in Crime No.264/2023 and in Crl.P.No.11921/2023 pending on the file of Hon'ble High Court of Karnataka at Bengaluru. 7. The parties herein state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired at a later stage. 8. The parties state that they have already exchanged their valuable articles and personal belongings. 9. The parties admit and agree that they have no claims of whatsoever manner against each other either past, present or future. 10.
Both the parties have agreed to withdraw all the allegations made against each other. Both the parties shall/should not share any personal information of each other to any of the third parties, friends, relatives etc., on any social media like Whatsapp, twitter, facebook etc. In case if any of the parties to this agreement violate then the aggrieved party can initiate action against him/her. - 8 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023
11. The parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner. 12. Both the parties admit that they shall not interfere in the lives of each other and their family members in future. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 15.11.2019 at Mounaswamy Mutt, Sri Siddheshwari Peetam Tirumala, Papanashanam Road, Andhra Pradesh and cancel the marriage certificate registered before the Registrar of Marriage for the Sub District Jayanagar, Bengaluru City Under Act XXV of 1955, Jayanagar, Bengaluru vide marriage number JAY- HM34-2020-21 dated 04.06.2020 stored in C.D.No. JAYM61 by granting a decree of divorce in terms of this agreement. IV. Parties will appear on 18.09.2024 before the Hon'ble Court for passing of orders in terms of the agreement. 5. Respondent No.2/complainant admits the compromise and submits that she has no objection to
- 9 -
HC-KAR NC: 2025:KHC:28046 CRL.P No. 11921 of 2023 allow the petition. The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following:
ORDER (i) The petition filed under Section 482 Cr.P.C, is allowed. (ii) The FIR in Crime No.264/2023 on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 19